§ 3.20. Bidding and contract procedures.

(a)

Competitive Bidding Required. Any purchase of goods or services, or any work or other public improvement shall be based on competitive bids, as hereinafter provided, when the estimated cost thereof exceeds twenty thousand dollars ($20,000.00) and such cost is not to be paid in whole or in part by special assessment or special taxation, except as follows:

(1)

By waiver of competitive bidding prior to or at the time of the purchase or entry into the contract, by a two-thirds vote of all aldermen then holding office;

(2)

Purchases or contracts for professional services, as provided in subsection (e) hereof;

(3)

In case of an emergency, as provided in subsection (f) hereof;

(4)

Cooperative or joint purchasing, as provided in subsection (g) hereof; and

(5)

Procurement of construction not exceeding thirty thousand dollars ($30,000.00).

In addition to purchases and contracts for which competitive bidding is required herein, the corporate authorities may direct that any other purchase or contract be competitively bid.

(b)

Competitive Bidding Procedure. Any purchase or contract that is required to be competitively bid as set out in Section 3.20(a) above, and any that the corporate authorities direct be competitively bid, shall be let to the lowest responsible bidder, after due notice inviting bids, pursuant to the following procedure:

1.

A notice inviting competitive bids shall be published at least once in a newspaper with general circulation within the City and mailed notice shall be made to qualified potential bidders of whom the City has knowledge. The City Clerk shall also advertise all pending work or purchases by posting a notice at City Hall.

2.

The competitive bids notices required herein shall include a general description of the work to be performed or the item to be purchased, shall state where specifications may be secured, and the time and place for opening bids. The City staff may provide additional information to bidders after notice, but must provide that same additional information to all potential bidders, and to the public generally if requested.

3.

When deemed necessary by the City Manager, bid deposits or a bid bond shall be required and prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to the return of their bid deposits upon the award of the contract by the City Council. A successful bidder shall forfeit any bid deposit required by the City Council upon failure on his part to enter into a contract within ten (10) days after the award.

4.

The competitive bid opening procedure shall be as follows:

(i)

Bids shall be submitted sealed to the City and shall be identified as competitive bids on the envelope.

(ii)

Competitive bids shall be opened in public at the time and place stated in the public notice.

(iii)

A tabulation of all competitive bids received shall be made by the City Clerk's office, and such tabulation of the bids shall be furnished to the City Council in accordance with Section 2.06 of the Elmhurst Municipal Code.

5.

The City shall have the authority to reject all competitive bids or parts of those bids when the public interest will be served thereby.

6.

The City shall not accept the competitive bid of a contractor who is in default on the payment of taxes, licenses or other monies due the City.

7.

The contract resulting from competitive bids shall be awarded as follows:

(i)

The City Council shall have the authority to award contracts within the purview of this Section.

(ii)

Contracts shall be awarded to the lowest responsible competitive bidder on the basis of the bid that is in the best interest of the City to accept. In awarding the contract, in addition to price, the City Council shall consider:

a.

The ability, capacity and skill of the bidder to perform the contract to provide the service required;

b.

Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;

c.

The character, integrity, reputation, judgment, experience and efficiency of the bidder;

d.

The quality of the performance of previous contracts or services;

e.

The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;

f.

The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;

g.

The quality, availability and adaptability of the supplies or contractual services to the particular use required;

h.

The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;

i.

The number and scope of conditions attached to the bid;

j.

The ability of the City to negotiate a lower price from the successful bidder after acceptance of the bid.

(iii)

The City Council shall have the authority to require a performance bond, before entering into a contract, in such amounts as it shall find reasonably necessary to protect the best interests of the City.

(c)

Proposal Procedure. Any purchase or contract that is not required to be competitively bid under subsection (a) of this Section, shall be subject to the general policy for soliciting quotes as set forth in the Purchasing Policy of the City's Finance Department, as the same may be established or amended from time to time. No undue advantage shall be allowed to any person under these procedures, and the factors set forth in subsection (b)(7) of this Section shall be considered in making purchases or awarding contracts based on such quotes or proposals. By majority vote, the corporate authorities may waive the proposal procedure in any case when it would otherwise apply.

(d)

(Repealed)

(e)

Professional Services Exempt from Competitive Bidding and Proposal Requirements. All purchases or contracts for professional services, of any kind and nature, may be entered into by the corporate authorities without observing the competitive bidding or proposal procedures prescribed hereinabove for the purchase of services or award of contracts.

(f)

Emergency Purchases. In case of an emergency which requires immediate work or purchase of supplies, materials, equipment or services, the City Manager, or his successor under Section 3.16 of this Code, shall be empowered to secure at the lowest obtainable price, any work, supplies, materials, equipment or services as reasonably required by the City under the circumstances, and in an amount as set out in Section 3.02(d) of this Code.

(g)

Cooperative Purchasing. The City shall have the authority to join with other units of government in cooperative purchasing plans when the best interests of the City would be served thereby, and in the case of joint purchasing, the bid and proposal requirements hereinabove shall not apply. The City's participation in the State of Illinois group purchasing plan is specifically authorized hereby.

(h)

Finance Department Purchasing Procedure. The City's Finance Department may approve a Purchasing Policy, and may thereafter amend such policy from time to time in its discretion. Such policy shall determine the procedures for all purchases of goods and services and the award of all contracts, except as otherwise specifically governed by State law or this Section.

(4/2/90; 6/1/98; Ord. 14-2000 § 2; Ord. 1-2006 § 3)